GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
3.7 Representative or Collective Actions Collective actions are mainly provided for under the Consumer Protection Law (Law 2251/1994). The relevant framework underwent amend- ment as per enacted Law 5019/2023 transpos- ing Directive (EU) 2020/1828 on representa- tive actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC. The new law reforms the collec- tive redress landscape and includes certain provisions regulating collective actions, which are re-named as “representative actions”. It entered into force on 26 June 2023 and applies to representative actions filed from 25 June 2023 onwards. 3.8 Requirements for Cost Estimate There is no requirement to provide clients with a cost estimate at the outset of potential litigation; instead, it is at the discretion of counsel. How- ever, such a requirement could be considered among lawyers’ ethical obligations, especially when extraordinarily high costs are anticipated. A claimant is entitled to apply for a pre-action interim remedy prior to the court hearing if there is an urgent need to do so or an imminent danger to the object of the claim that could cause the claimant irreparable damage. The GCCP pro- vides specifically for provisory and conservatory measures – ie, injunction measures in general – that constitute interim provisions of judicial protection, including: • the ordering of security for a monetary claim; • the registration of a pre-notation of mortgage; • the conservatory seizure of movables, immovables, rights in rem thereon, claims and 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
all assets of the debtor either in their hands or in the hands of third parties; • the placement in judicial escrow (custody) of movables, immovables, a group of objects or a business; • the temporary adjudication of certain catego- ries of vital claims; • the temporary adjudication of a case (in any appropriate respect) as a protective measure; and • an immediate discovery process in a case where means or proof could be at risk of destruction or loss. Regulation (EU) No 655/2014 provides for the option of issuing a European Account Preserva- tion Order. 4.2 Early Judgment Applications No early judgment applications are provided for. 4.3 Dispositive Motions The legal system does not recognise dispositive motions (eg, motions to dismiss or for summary judgment) before a trial. 4.4 Requirements for Interested Parties to Join a Lawsuit Third parties are entitled to join a lawsuit through the following mechanisms: intervention, request for joinder, and announcement of the dispute. Intervention Intervention is available to a third party with a lawful interest in a case pending between others, and may be exercised in two forms. • Main intervention – the third party intervenes at a first instance level to request protection against all other parties.
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